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3-17-2008
 

Supreme Court Will Decide Broadcast Decency Case

 

Lower court ruling has 'handcuffed' the FCC in its efforts to clean up public airwaves.

The U.S. Supreme Court will decide this fall whether television broadcasters have the right to air so-called "fleeting expletives" on live TV. It's the court's first major case on broadcast indecency in 30 years.

The four largest television networks — Fox, CBS, NBC and ABC/Disney — sued the Federal Communication Commission (FCC) for the right to air profanity at any time of day. The 2nd Circuit Court of Appeals ruled in favor of the networks last year; the FCC appealed the case to the nation's highest court.

"The Commission, Congress and, most importantly, parents understand that protecting our children is our greatest responsibility," FCC Chairman Kevin J. Martin said in a statement. "We have an obligation, then, to enforce laws restricting indecent language on television and radio when children are in the audience."

Penny Nance, special adviser to the FCC on indecency issues, said America is at a precipice on the issue of indecency in broadcasting.

"We at the Federal Communication Commission have had the position that even one (expletive) is too many, when children are in the audience," she told Family News in Focus. But, "because of a lower court decision, we basically have been handcuffed in our ability to fine broadcasters.

"What is decided here will really have long-term ramifications on the FCC's ability to police the public airwaves and to keep (them) safe for America's children."

Legislation stuck in the U.S. Senate would give the government more power to clean up television. The Protecting Children from Indecent Programming Act (S. 1780) is awaiting a vote by the full Senate.


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